Car crashes are common in the United States. Usually, these accidents are minor, but sometimes car crashes result in serious injury or even death. The Centers for Disease Control and Prevention has issued a report on motor vehicle safety, which states that approximately 90 people die in car crashes each day. There are a number of common causes of car crashes, most of which could be avoided by exercising due care.
Drunk driving continues to be a major factor in car crashes. Some estimate there are approximately 300,000 drunk driving incidents every day; however only about 3,200 people are arrested for drunk driving on a given day.
Distracted driving has been the leading cause of car crashes for the past decade. According to the CDC, on average approximately eight people are killed and 1,161 are injured every day in this country in car crashes involving distracted driving. Anything that distracts the driver while driving must be eliminated. Phone calls should not be made while driving. Texting while driving is also extremely dangerous. Friends or children in the car can also be a source of distraction.
Speeding is the second most common cause of car crashes. Other drivers have an expectation drivers around them will be driving at approximately the same speed. Certainly, drivers have a reasonable expectation other drivers will observe the speed limit. When a driver is speeding, this decreases the amount of time it takes to encounter an obstacle, and increases the amount of time necessary to stop.
All too often, drivers will speed up when approaching an intersection with a yellow light. Sometimes, the driver makes it into the intersection on the yellow. Unfortunately, sometimes, the light turns red before the driver enters the intersection, but the driver proceeds anyway (perhaps because at this point, they can’t stop before the intersection). While entering an intersection on a yellow light is permissible, entering on a red light is not. Because drivers traveling in the other direction expect traffic to stop, they may proceed through the green light, and a crash can occur.
Running stop signs is just as dangerous as running a red light. Drivers need to come to a full stop at stop signs. Drivers should also be aware that other drivers, (particularly if they are distracted, drunk, or speeding) may not stop as directed.
There is a growing awareness of the dangers of driving tired, also known as drowsy driving. According to the CDC report on drowsy driving, the effects of drowsy driving are comparable to the effects of consuming alcohol and driving. Falling asleep at the wheel is the obvious danger. But drowsy driving can also slow reaction time, affect a driver’s decision making, and make it difficult for a driver to pay attention to their driving. Adults need at least seven hours of sleep a night and teens need at least eight hours of sleep. Any less and it may not be safe to drive.
Rain can cause slick, dangerous driving conditions. This is especially true when the rain first starts and mixes with the oil on the roads. If driving in the rain, drivers should pull over if visibility becomes too bad and wait for the storm to pass.
Driving aggressively, quickly changing lanes and driving over the speed limit can result in car crashes. Road rage is also cited as a common source of car crashes.
Driving at night reduces visibility and makes seeing hazards more difficult. It is important to be extra alert while driving on the streets at night. Pedestrians can be particularly difficult to see at night.
Teen drivers are in a difficult position. Their lack of experience puts them at greater risk for an accident, but the only way to get that experience is by driving, placing themselves and others at risk. Defensive driving courses are available for teen drivers. Limiting the number of passengers they are allowed can help reduce distractions. Teens should be told repeatedly that cell phone use, whether to make a call, send or read a text, or playing a game, is not appropriate while driving.
Construction zones can be extremely confusing, especially at night. Consequently, this is a common area where car crashes occur. Speed limits are commonly lower in construction zones for this purpose, as well as for the safety of the workers.
Both illegal drugs and prescription medications can result in car crashes. It is critical that people taking a new prescription determine the effect the prescription has on an individual. Even if taken as prescribed, a car crash due to prescription drug use can result in criminal and civil charges.
Following another car too closely is dangerous. It presumes an ability to stop that may not be justified. It also makes the other driver nervous, and can lead to them making poor choices. Allowing a reasonable amount of space between cars reduces the possibility of a car crash.
Potholes can present multiple problems. Nobody wants to drive over a pothole and risk damaging their car. Drivers often veer around potholes to avoid them. If the driver is not aware of other surrounding cars, a car crash can result.
Improper turns lead to crashes. Improper turns include turns from the wrong lane, turns at intersections where such turns are prohibited, and turns that the driver failed to signal. Because the turns are not anticipated by other drivers, crashes can occur.
Driving on curvy roads can be very dangerous, especially for drivers not familiar with the road. It is critical that drivers respect the posted speed limit. One never knows what is around the next curve.
If you have been injured in a car crash, you may be entitled to damages for your injuries. Contact the skilled auto accident attorneys in Florida at Madalon Law for a free consultation.
This article is the second in a two-part series about what drivers should know if they are in a car accident in the state of Florida. With almost 250,000 car crashes reported every year, per the Florida Department of Motor Vehicles, it is best to be prepared for the possibility that one of those car crashes will happen to you or someone you love. In the first part of the article, we discussed the laws of Florida and what is required of drivers in case of an accident. In this second part, we discuss steps you can take to preserve evidence in case you have a personal injury claim, as well as to protect yourself from a suit from the other driver.
Write Down Exactly What Happened
As soon after the accident as possible, take a few minutes to write down what happened. You may even wish to use the voice feature on your phone to document the events that occurred – even as you are waiting for law enforcement to arrive. Be as detailed as possible. More detail is always better than less.
Take Pictures of the Scene
Ideally, you will be able to take pictures before either car is moved. Take pictures from all angles, documenting not only the vehicles’ positions, but also such things as skid marks (or lack of skid marks) on the pavement, broken glass, and damaged property near the scene. Include pictures of street signs. Make sure that at least some of your pictures clearly establish where the vehicles are in relation to each side of the street. An accident scene that only documents close-ups of the vehicle fails to clearly establish the crash scene.
Determine if There Were Any Witnesses
Obvious witnesses, of course, will include your passengers and the passengers and driver of the other vehicle. Less obvious witnesses could be that person peeking out their window at the crash scene, or the business owner who is offering to help. Look around to determine if you can identify any other witnesses.
Gather Witness Contact Information
If you identify any witnesses, take a moment to gather their contact information. This should include their name, address, phone number, and email address. This may be another time to use the voice recording feature on your phone. Be sure to confirm that the information is correct. Finally, make every effort to back up this information on another device in another forum as soon as possible.
Look for Security Cameras
Take a moment to review your surroundings to determine if you can identify any security cameras that might have recorded some or all of the accident or the events leading up to the accident. Recall that while you may have been approaching the accident scene from one angle, it is likely the other driver was approaching from another direction, so take a moment to review the other driver’s path as well.
Document the Damage to Your Vehicle
Note that documenting the damage to your vehicle is a step separate from documenting the accident scene. Make sure your documentation includes every side of your vehicle. You also should document the condition of the inside of your vehicle.
Document the Damage to the Other Vehicle
Similarly, you should document any damage (or lack thereof) that the other vehicle or vehicles may have sustained. Your goal is to be as thorough as possible without appearing rude. This is for the protection of both of you. Note: Most people will understand the importance of completely documenting the scene. However, your safety is important. Do not get into a confrontation with the other driver. If need be, ask law enforcement to assist you with documenting the damage to the other people.
Document Any Other Damage that May Have Been the Result of the Crash
Take a moment to survey the greater scene. Has a guardrail been damaged? Is a light post knocked over? Anything that appears even remotely out of place, that could have occurred as a part of the car crash, take the time to document it. Again, it is not enough to take a close-up picture of a dented guard rail. You should take the close-up, then take a distance shot, which clearly establishes not only the damage to the guard rail, but the background so there is no confusion as to which guardrail was damaged.
See a Doctor About Your Injuries
Obviously, if your injuries are serious enough to require a hospital visit, documenting the accident needs to be left to someone else. Go to the hospital immediately. If you are unsure whether or not you need to go to the hospital, and law enforcement is encouraging you to go, then by all means go! Law enforcement officers have been trained to handle all sorts of accidents, and are able to recognize shock. Trust them. If they say you should go to the hospital, please listen.
If you are not in need of emergency care, it is still a good idea to see a doctor about your injuries or potential injuries as soon as practicable.
Start a “Crash Diary”
We have previously discussed the importance of keeping a personal injury journal in our blog. A crash diary is a precursor to the personal injury journal. In many cases, the nature and extent of your injuries are not clear in the first few days. This is why it is critical that, from day one, you document the crash, and any injuries or expenses associated with the crash. Hopefully, after a week, you will confirm that you are indeed injury free and there is no need to continue maintaining your crash diary. However, if you are injured, your crash diary may be critical.
If You Have Been Injured in a Car Crash
If you have been injured in a car crash or if you have lost a loved one in a car crash, you may be entitled to compensation for your injuries, your lost wages, property damage, and funeral expenses. Please contact the personal injury attorneys at Madalon Law. We are well versed in personal injury law. We would be happy to discuss your case at no cost to you.
According to the Florida Department of Motor Vehicles, there are over 16 million drivers on the road in the state of Florida alone. As a result of these drivers, Florida has almost 250,000 vehicle crashes each year. The most common reason for car crashes in the state of Florida is careless driving. This could mean texting while driving, being distracted by other passengers, being distracted by something outside of the vehicle, such as another accident, and any number of other possible situations wherein the driver’s attention is not fully on the task at hand.
If you are in a car crash, there are certain things you need to know about the laws of Florida and your obligations to anyone with injuries; your obligations to other drivers on the road; and your obligations to owners of other vehicles, including unattended vehicles. You should also know what steps you should take to protect yourself in case of injury, and against potentially frivolous lawsuits. Particularly if you or someone else has been injured, taking the following steps can be critical both for compliance with Florida law and in anticipation of a potential lawsuit for property damages and personal injuries.
Do Not Leave the Scene of a Car Crash
If you are a driver of a vehicle that has been in a car crash that involves injuries, do not leave the scene without providing the other party with information, including your name, contact information, and insurance information. Failure to do so could result in you losing your privileges to drive in the state. Of course, if you are being removed by ambulance, this could provide for a legally defensible exception to this rule.
Do Not Block Traffic
While it is essential that you not leave the scene of a car crash entirely, you should move your vehicle to the side of the road, rather than leave it in the intersection or wherever else the car may have ended up after the crash. Of course, there may be times when your car is no longer operable. In this case, you should call a tow truck to remove the vehicle. The caveat to the “do not block traffic” rule is this: Before you move your vehicle, take a few minutes to document where your car ended up after the accident. If you have a cell phone, take pictures of the car in its final resting place from all angles. If you find yourself without a working cell phone, grab a pen and paper and sketch out the accident scene
to the best of your ability.
If You Crash into an Unattended Vehicle
If you crash into an unattended vehicle, (or if a vehicle that is unattended crashes into your vehicle, due to a failure of the operator to put it in park or other vehicle failure) you must inform the owner of the incident and your identity. Florida’s Department of Motor Vehicles advises you to provide your name, your address, your license plate number. Florida’s DMV also requires that you report the accident to the local police, the local sheriff, or the Florida Highway Patrol regardless of the amount of damages or injury.
Report the Crash to the Proper Authorities
In any car crash that involves property damage over $500 or involves injuries to any party, the crash must be reported. You can call the local police department, the sheriff’s department, or the Florida Highway Patrol. It is possible that you may be involved in a car crash that involves property damage where you are unsure if the damage will amount to $500 or more. In that situation, it is best to report the accident, in an abundance of caution. Additionally, not all injuries present themselves immediately. Reporting the crash will result in an investigation by law enforcement, who will likely write a report. This could be critical later. A failure to report the accident can’t be undone. In other words, you may file a report and discover you don’t need it. However, this is far preferable to failing to file a report and discovering later that you would, in fact, have benefited from having filed such a report.
Critical Next Steps
Once you have assured yourself that you have complied with all laws governing car crashes, take a moment to assess the situation with an eye towards future potential litigation. Remember, regardless of whether you believe you or the other person was at fault, the other driver may not agree with you. It is important to protect yourself both so that you may collect damages if you are entitled to them, but also to protect yourself from someone wrongfully obtaining damages from you that they are not entitled to. This can be done by taking the following steps:
Write down exactly what happened;
Take pictures of the scene;
Determine if there were any witnesses;
Gather witness contact information;
Determine if there might have been security cameras in the area that may have documented all or part of the accident;
Document the damage to your vehicle;
Document the damage to the other vehicle;
Document any other damage that may have been the result of the crash;
See a doctor about your injuries; and
Start a “crash diary.”
These critical next steps will be discussed in greater detail in Part Two of our series, “ What to Do If You Are in a Car Accident in the State of Florida.”
If You Have Been Injured in a Car Crash
If you have been injured in a car crash, or if you have lost a loved one in a car crash, you may be entitled to compensation for your injuries, as well as lost property and lost income. Contact the personal injury attorneys at Madalon Law. Our attorneys are happy to review the facts and circumstances of your case at no cost to you to determine whether you may have a claim. Because Florida has a strict statute of limitations, do not delay. Contact us today.
Florida Statute Chapter 316, State Uniform Traffic Control, sets the rights and responsibilities of drivers and pedestrians in the State of Florida. Whether you drive or walk, or do both, on a regular basis, here is an overview of your rights and responsibilities:
Legal Definition of “Driver” and “Pedestrian” in the State of Florida
Florida defines “driver” in Chapter 316, Section 003, as, “Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.” That same chapter and section defines “pedestrian” as, “Any person afoot.”
Rights and Responsibilities of a Driver in an Accident
Any driver involved in an accident involving property damage or serious injury must stop immediately and remain at the scene. The driver is also required to render aid, where appropriate, and exchange information with the other party. Required information includes the driver’s name, address and the registration number of the driver’s vehicle. The driver must show the other parties involved, and police officers, his or her driver’s license upon request. A driver involved in an accident needs to avoid blocking traffic, moving his or her car if necessary. In cases involving personal injury or death, the driver needs to contact the police as soon as possible and report the accident.
Traffic Control Devices – Drivers and Pedestrians
Drivers must comply with any traffic control device such as a stoplight or a stop sign. A driver may proceed through the intersection when the stoplight turns green. However, drivers must yield to other vehicles and pedestrians lawfully in the intersection or crosswalk, including vehicles turning left or right. Unless signs indicate otherwise or it is accompanied by a green arrow, when the light turns green pedestrians may proceed using a marked or unmarked crosswalk.
Drivers at a red light may turn right, unless there is a sign prohibiting such a turn. Drivers should always check for a “No Turn on Red” sign. Some “No Turn on Red Signs” always apply; some are limited based on the time of day. Remember, drivers must yield the right of way to any pedestrians in a marked or unmarked crosswalk. Pedestrians at a red light are not supposed to enter the roadway unless a pedestrian light indicates they may. A flashing red signal is a stop signal and should be treated like a stop sign. A flashing yellow signal indicates that drivers may proceed through the intersection with caution. Drivers must also yield the right of way to pedestrian highway workers.
Rights and Responsibilities of Pedestrians.
If a roadway has a sidewalk, the law requires pedestrians to use it. Pedestrians are not allowed to walk on the roadway when a sidewalk is available. When there is no sidewalk available and a pedestrian is walking on the roadway, the pedestrian is required to walk on the shoulder on the left side of the roadway. Where there is no traffic control device, such as a stop sign or a traffic light, a driver is required to yield the right of way to a pedestrian in a crosswalk. Common sense and the law requires that pedestrians must not make sudden moves off of the curb, even into a crosswalk, when a driver will not have time to come to a safe stop. Pedestrians crossing a roadway outside a marked or unmarked crosswalk must yield to drivers on the roadway. No pedestrian can legally cross an intersection diagonally unless authorized by traffic control devices.
Additional General Rights and Responsibilities of a Driver.
Drivers must not drive at a speed unsafe for the conditions, including, but not limited to time of day, angle of the sun, weather, condition of the road, any curves in the road, approaching a railway crossing, etc. Drivers must also abide by speed limits set by official signage. In the state of Florida, drivers have an additional duty of care to watch out for children near schools, playgrounds and other areas where children tend to congregate.
Accidents Between Pedestrians and Cars – Who is Responsible and Who Pays?
This article has laid out some of the basic rules of the road for drivers and pedestrians. The simple answer to “who pays?” is: “Who broke the rules?” In the state of Florida, pedestrians and drivers are expected to exercise reasonable care. If that standard is broken and an accident occurs, a determination of fault must be made. Fault in Florida is not absolute; a percentage of fault will be broken down. What percentage of the fault can be attributed the driver and what percentage of the fault can be attributed to the pedestrian will be determined. It should be noted, if a driver sees a pedestrian “breaking the rules,” that is not permission to get in an accident. A driver must still exercise reasonable care and attempt to avoid an accident. If a pedestrian is being reckless and gets injured in an accident, it may be much harder for him or her to collect damages in a personal injury case in Florida.
What Do I Do Now?
If you have been involved as an injured pedestrian or injured driver in an accident, you will need a determined Florida auto accident injury claim attorney. Car and pedestrian accidents seem simple at first, but the way fault is determined in Florida actually makes these cases quite complicated. The right attorney will work hard to get you the damages you deserve. Don’t settle for less than the best representation. Every claim must be evaluated on a case by case basis. If you were injured in Florida, please contact the offices of Madalon Law. With offices throughout the state, we are sure to have a location near you. If you are unable to travel to one of our offices for whatever reason, we will come to you. We will not charge you to discuss your case. If you choose us to represent you, there will be no charge unless we win your case. We are excited to hear from you soon and want to get to work for you.
Miami roads are dangerous.
Many car accident victims make the mistake of not speaking to Miami Car Accident Attorneys, and as a result, they receive a far smaller settlement than their case is truly worth. The Miami Car Accident Attorneys of Madalon Law will explain and defend your rights in your personal injury case. We offer a free initial consultation, and take cases on a contingency-fee basis, meaning we don’t get paid until you receive your settlement.
Accidents in Miami
With all of the tourists and busy commuting locals in Miami and surrounding areas, accidents involving motor vehicles have become all too common. The Florida Department of Highway Safety and Motor Vehicles annual report on Florida Traffic Crash Statistics showed an average of 646 car crashes each day in the state – equal to 27 Florida motor vehicle accidents every hour of every day. Even worse, well over half of the car crashes in the state resulted in personal injury or fatality to those involved.
Miami car accidents may occur as the result of many circumstances, but in most instances they are the unacceptable result of poor decision making on the part of one or more drivers. Drunk drivers, or those under the influence of drugs, are most often the cause of car crashes resulting in personal injury or fatality. Other accidents are caused by reckless or negligent driving, including:
The most common type of two-vehicle accident in Fort Lauderdale is the “rear-ender” – when a car is bumped or rammed from behind by a following vehicle. Today, the number of rear end car accidents is increasing, due to the many new driver distractions such as texts, cell phone calls, iPods, and in-dash navigation systems. Rear-end road rage incidents are also on the increase, with drivers in a hurry purposely tailgating and even tapping the bumper of a car they feel is moving too slowly. In most rear-ender incidents, it is assumed that the driver of the rear-ending car is at fault, and will be liable for any damages incurred in the collision – but there are some important exceptions to this rule.
No-Fault Insurance
In Florida, the most significant factor in getting compensation for damages caused in a rear end car accident is the state’s designation as a “no-fault state.” This means that in Florida, drivers must carry their own auto insurance, and will then collect compensation for their own damages and injuries from that insurance instead of suing the other driver for damages.
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One of the most common medical issues arising from automobile accidents – including rear end collisions or “fender-benders” – is referred to as “whiplash.” This is the layman’s term for the injuries that can be caused by a sudden, violent extension and retraction (flexion) of the neck. A number of different medical terms may be used to describe the physical presentation of whiplash, including “hyperextension / hyperflexion injury”, “myofascial injury”, “neck sprain or strain”, and “cervical strain or sprain”. These soft-tissue injuries may cause serious physical problems, and can impair your ability to perform work duties or daily activities.
Symptoms of Whiplash
If you have been involved in a rear-end collision or some other incident that could cause whiplash, you should be on the lookout for any signs of a neck injury. Some symptoms that may develop include:
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According to recent traffic safety statistics, more than 6 million car accidents occur on U.S. roadways each year. Of those, 2.5 million are rear-end car accidents. Although the majority of “rear-enders” are not fatal, they can result in a wide range of injuries – some of which can be debilitating and costly.
Neck and spinal injuries are the most frequent injuries arising from rear end car accidents, but there are many other possible injuries as well. Common injuries in rear end accidents include:
Back / spine injuries – The force of the impact from behind when someone rear-ends your vehicle can cause compression of the spine and damage to the disks in the lower back. One result of this can be a condition called disk herniation, which can be excruciatingly painful and cause both immediate soreness and long-term pain.
Neck / shoulder injuries – About one out of every five people involved in a rear-end vehicle accident suffers what is generally known as “whiplash.” This is a non-medical term describing the stiffness, soreness, and pain experienced in the upper spine, shoulders, and neck when they are violently moved in a sudden manner (known as hyperextension and hyperflexion). Whiplash injuries can remain painful for months or even years, limiting your everyday activities and range of motion.
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Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.